Advocates:
['ABHINAV SHARMA', '', 'VIPAN GANDOTRA', 'R PANT']

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

SWP. no. 907/2005

Date of Decision: 26.08.2010

_________________________________________________

Rajni Gupta

Vs.

State & Ors

__________________________________________________

Coram:

HON’BLE MR. JUSTICE SUNIL HALI, JUDGE.

Appearing Counsel:

For the Petitioner(s):

Mr. Abhinav Sharma, Advocate.

For the Respondent(s)

Mr. Shaista Hakim, Dy.AG.

Mr. Rahul Pant, Advocate.

i)

Whether to be reported in

Press, Journal/Media

:

Yes

ii/

Whether to be reported in

Digest/Journal

:

Yes

Restoration of seniority of respondent no.4 as Ophthalmic

Assistant with effect from 26.04.1988 as also his promotion as

Senior Refractionist with effect from 07.09.1994 is the subject

matter of challenge in this writ petition.

The petitioner and respondent no.4 are locked in a

litigative process for more than one and a half decade. One

trying to unsettle the position of the other. In order to

understand the controversy involved in this petition, certain

facts are required to be noted:-

Petitioner came to be appointed as a